Through Speed Post/Dasti

BEFORE THE COMMISSIONER, EMPLOYEE'S COMPENSATIONN

GOVT. OF NCT OF DELHI, LABOUR DEPARTMENT (NEW DELHI DISTRICT) OFFICE OF THE DY. LABOUR COMMISSIONER

1, PANDIT RAVI SHANKAR SHUKLA LANE, KASTURGA GANDHI MARG NEW DELH1-110001

25/3r No.08/CEC/DLC/NDD/18 7 -2 o Dated:

In the matter of:

Smt. Sunita Mehta & Ors. W/o Late Suresh Singh Mehta

R/o House No.550, Guli No.02, Surya Vihar Part-02,

Sehatpur, Faridabad, Haryana-121003 Claimant ******

V/s

M/s Kamla Bhel & Co., Ltd.,

Through its Managing Director,

8-Scindia House, Connaught Place, New Delhi - 110001 ..Respundent *****

ORDER This order shall dispose of the claim filed on dated 14.03.2018 by Smt. Sunita Mehta & Others (herein after referred as "claimants") against the

Management of M/s Kamla Behl & Co. Ltd.. (hereinafter reterred as

"respondent") under Employment Cempensation Act, 1923 (herematter eterred as "Act") seeking death compensation on account of alleged accident

arising during and in course of respondent.

The present order is passed by the CEC East/North East District after hearing

and concluding the matter as the then CEC of New Delhi District. 2

3. The brief fact of the case is that the claimant Smt. Sunita Mehta who has

stated to be dependent on the deceased employer late Shri Suresh Singh

Mehta has filed the case before the CEC seeking death compensation

alongwith the interest @ 18%. Shri Suresh Singh Mehta was employee at

filling station as the 'Sales Man' since, 1996 and was performing 24 hours of

duty on the work place. On 23-12-2015, he went for duty at 5.00 AM in the

morning till 10.00 AM on the next day. On the said night, he died on duty on

he place he work. The deceased is said to be 42 years of age at the time of

death, the tnant is not aware about his salary and requested to consider

theAmum wage at the time of calculation. Alongwith the claim the-

4etClaimant has enclosed documents such ds Post Mortem Report, Øeath- Certificate, Complaint given to SHO, Barakhamba Road, New Delhi, compláint given to PE Comnissioner, Inspection note ot P office, Date of birth of the: deceased, Date of birth of other lanily dependents, Rashan Card' and an

Con

msiooer

Unfer We

affidavit.

Upon receipt ol the claim, summon was Issued to the respondent

management for appearance before CEC on 03-04-2018 and simultaneously

show cause notice was also issued under section 4A(3)[b) for filing reply.

Summons were again sent for appearance on 04-05-2018 and 24-05-2018.

Since the respondent management lailed to appcar hence was proceed ex

parte on 24-05-2018 and matter was listed lor filing of ex-parte evidence by

the petitioner

.

2

Evidence was filed on 24-08-2018 which was tendered on 14-09-2018. Along

with the evidence the claimant has filed documents Post Mortem Report

Marked-A, Death Certificate Ex.AW1/1, Hawalgi Lash Ex.AW1/2, complaint

given to PF Commissioner Ex.AW1/3, Police complaint Ex.AW1/4, application

dated 27-09-2016 written to SHO, Barakhamba Ex.AW1/5, reply of RTI from

SDM, Chanakya Puri Ex.AW1/6, RTI transfer application dated 07-10-2016

Ex.AW1/, RTI application dated 03-10-2016 Ex.AW1/8, letter dated 02-02

2017 addressed to Enforcement Officer, PF department Marked 'B', visit

report of Enforcement Officer Ex.AW1/9, letter issued by Enforcement Officer

to respondent Marked 'C', School Leaving Certificate of deceased Ex.AW1/10,

School Leaving Certificate of claimant Ex.AW1/11, Secondary Examination

Mark Sheet of Ranjeeta Mehta, Sakshi Mehta and Saurav Mehta Ex.AW1/12 to

Ex.AW1/14, Ration Card Ex.AW1/15, Adhar Card of Sunita Mehta, Ranjeeta

Mehta, Sakshi Mehta and Saurav Mehta, Ex.AW1/16 to Ex.AW1/19, certificate

issued by respondent Marked 'D' and affidavit of claimant Marked 'E'.

Writen arguments was filed by the claimant Under Order XVII Rule 2 of CPC

and filed judgments in support of his claim such as TNCL Corpn. Ltd. Vs. S.

Poomalai dated 11-03-1994 of Madras High Court, Diva Kaluji Vs. Silver

Cotton Mills Ltd. dated 15-12-1995 of Bombay High Court, Som Dutt Builders

Ltd. Vs. Smt. Phool Kumari dated 20-02-2004 of Delhi High Court, Devi Benu

Dudhe Bhai Vs. Manager Liberty Talkies dated 02-12-1993 of Gujarat High

Court, New India Assurance Co. Ltd. Vs. LR's of Badruddin dated 24-08-2000

6.

of Gujarat High Court, United India Insurance Co Vs. Smt. Sushila & Ors. dated

09-01-2004 of Karnataka High Court,

On the basis of documents on record and ex-parte evidence as laid by Smt.

Sunita Mehta and various High Court judgments on the applicability of Act on

the death caused due to heart failure. The CEC is of the opinion that in this

case the deceased employee has died at the work place due to heart attack on

23-12-2015 & 24-12-2015 intervening night and is therefore entitled to get

death compensation as mentioned in the Act.

7

As per the formula provided under the Act, the death compensation is

calculated as under 8.

50% of monthly wages X Age factor.

() In the present case, no proof of salary is placed on record,

therefore the salary is restricted to Rs.8,000/: as notified by

Govt. of India under the Act.

(i)

"years and theretore the age factor as per schedule IV of the Act. is -

115 54

As per the School Leaving Certiticate age of the deceased is 43

In view of the above, the amount of death compensation is determined as

under:

Relevant factor laid down Under the Schedule -IV

of the Act for 43 Years of age at the time of accident

50% of monthly wages restricted to Rs.8,000/- P.M.

Amount of compensation payable to the dependents

of deceased Shri Suresh Kumar Mehta

175.54

Rs. 4,000/

. 175.54 x 4000/ Rs. 7,02,160/

Contd..3/

--3

9. As per the Act the compensation amount is payable by the employer within 30 days of the accident. In this case the compensation amount has not been paid till today and therefore the claimant is entitled for interest @ 12% on the

principal amount is calculated w.e.f. 23-01-2016 to till the date of conclusion of proceedings i.e. 05-10-2018. The total interest amount for 32.5 months

comes to Rs. 2,28,202/ 10.As regard penalty, the CEC is of the view that the employer has failed to give

any justification on the de lay in payment and had not filed any reply to show cause notice therefore the penalty @ 40% on the principal amount is imposed

upon the respondent/employer. The total penalty amount comes to Rs. 2,80,864/.

11.As per the above direction the respondent/employer is directed to deposit

total compensation amount which includes principal amount, interest and

penalty (7,02,160/-+ 2,28,202/-+ 2,80,864/ = 12,11,226/-) within 30 days

of passing of this order filing which same shall be recovered as per the

arrears of land revenue under section 31 of the Act. The delay in making

payment beyond 30 days shall further attract additional interest w.e.f. 05-10 2018 till the date of realization.

Given under my hand and seal on this 27th day of May, 2019

(U.K. Sinha) Commissioner Employee Compensation/

Dy. Labour Commissioner